Untitled Flashcards Set

Criminal Code

A statute that outlines actions considered crimes, how offences are prosecuted, and penalties imposed in Canada.

Actus Reus

The prohibited act or omission that constitutes a criminal offence.

Mens Rea

The mental state or intent behind a criminal act, often described as the blameworthy state of mind.

Retribution

A purpose of criminal law that involves public denouncement and punishment of wrongful behaviour.

Public Security

The focus of criminal law on making society safer by preventing crime and rehabilitating offenders.

Victims of Crime

Individuals, families, or communities that suffer harm from criminal acts.

Culpability

Guilt or responsibility for a crime.

Absolute Liability

Criminal liability based solely on the actus reus; mens rea is not required.

Strict Liability

Criminal liability where mens rea is not required, but the accused can present a due diligence defence.

Consent Search

A type of search where a person voluntarily agrees to allow law enforcement to search their property.

Unreasonable Search

A search conducted without lawful authorization or overly intrusive, violating Section 8 of the Charter.

Arrest

The act of taking a suspect into custody by law enforcement.

Summary Conviction Offences

Less serious crimes tried only in provincial court, with lighter penalties.

Indictable Offences

More serious crimes that are tried in higher courts with more severe penalties.

Hybrid Offences

Crimes that can be prosecuted as either summary or indictable offences.

Appearance Notice

A document issued by police to ensure an accused's attendance in court without arrest.

Summons

A document issued by a judge after an arrest to ensure an accused's attendance in court.

Promise to Appear

A document issued by a police officer ensuring an accused's attendance in court after an arrest.

Recognizance

A document ensuring an accused's attendance in court, often involving a financial promise.

Crime Scene Investigation

The process of collecting and analyzing evidence from a crime scene.

Fingerprint Types

Arches, loops, and whorls are the three categories of fingerprint patterns.

DNA Evidence

Biological evidence unique to individuals, used for identification in criminal cases.

S.24(2) of the Charter

A section allowing courts to exclude evidence obtained in violation of constitutional rights.

Section 7 of the Charter

Protects life, liberty, and security of the person; requires fair police procedures.

Section 8 of the Charter

Protects against unreasonable search and seizure.

Section 9 of the Charter

Protects against arbitrary detention or imprisonment.

Section 10 of the Charter

Ensures rights upon arrest, including the right to counsel.

Racial Profiling

Detaining or stopping individuals based on race rather than reasonable suspicion.

Plain View Doctrine

Allows police to seize illegal items in plain view during a lawful search.

Warrant

A legal document authorizing police to conduct a search.

Consent Search Requirements

Consent must be informed and voluntary without coercion.

Emergency/Exigent Circumstances

Situations allowing police to act without a warrant to prevent harm or loss of evidence.

Preliminary Inquiries

Hearings to determine if sufficient evidence exists to proceed to trial.

Pre-Trial Conference

A meeting to resolve issues before a trial starts, involving a judge and attorneys.

Victim Impact

The physical, emotional, and financial harm that victims experience due to crime.

Hybrid Offence Example

Assault, theft under $5,000, or fraud can be treated as summary or indictable.

Long-term Impact of Crime

Crime can cause lasting fear, trauma, and reduced community cohesion.

Circumstantial Evidence

Evidence based on inference rather than direct observation.

Public Order

Maintaining peace and safety in society through laws.

Deterrence

Punishments intended to discourage criminal behavior in others.

Recidivism

The tendency of a convicted criminal to reoffend.

Legal Rights

Rights ensuring fair treatment under the law for all individuals.

Societal Values Reflection

How criminal laws reflect shared morals and ethics of society.

Chicago School Theory

A theory linking criminality to social and economic factors.

Cesare Lombroso

An early criminologist who related physical characteristics to criminal behavior.

Vigilante Justice

When individuals take the law into their own hands rather than relying on legal systems.

Secondary Victimization

Further victimization of individuals affected by the original crime, often experienced by families.

Due Diligence Defence

A legal defense allowing the accused to demonstrate they took reasonable steps to avoid committing an offence.

Trace Elements Evidence

Physical materials found at a crime scene that can link a suspect to the crime.

Gunshot Residue

Evidence collected from a suspect's hands after discharge of a firearm.

Latent Fingerprint

Invisible fingerprints that require chemicals or techniques to become visible.

Visible Impressions

Fingerprints that are clearly visible due to their contact with substances like blood or grease.

Criminal Behaviour Theories

Different explanations of who commits crimes based on various human existence aspects.

Financial Loss from Crime

Economic harm suffered by businesses due to criminal acts such as robbery or fraud.

Community Cohesion Loss

Decreased trust and safety in communities following crime events.

Judicial Authority

The power exercised by judges in the enforcement of laws and rights.

Private Security Officer Powers

Limited rights to detain based on observed wrongdoings but less regulatory authority than police.

Charter Rights Enforcement

The ability of courts to take action against violations of constitutional rights.

Consent Search Definition

A search performed with the voluntary agreement of the individual.

Admissibility of Evidence

Whether evidence can be considered valid in court based on legality.

Police Accountability Measures

Procedures in place ensuring police actions are subject to legal scrutiny.

Societal Adaptation of Laws

The way laws evolve to reflect changing societal attitudes.

Psychological Theories of Crime

Theories focusing on individual mental processes related to criminal behavior.

Social Isolation Correlation

Linking social isolation in families to higher risks of delinquency among children.

Family Conflict Impact

Relationship issues within a family leading to increased risk of criminal behavior in children.

Physical Harm from Crime

Injuries sustained by victims as a result of criminal acts.

Environmental Violations

Crimes related to breaching environmental laws, often strict liability.

Alibi Evidence

Evidence that might confirm a suspect's location at the time of an offence.

Witness Testimony Role

Eyewitness accounts that provide critical information in criminal trials.

Evidence Preservation

Procedures following to maintain the integrity of evidence collected at crime scenes.

Victims' Rights Advocacy

Efforts aimed at ensuring victims receive support and justice in the legal process.

Judicial Discretion

Judges' ability to make decisions based on their judgment in court.

Engaging Legal Counsel

The process of hiring a lawyer to represent a client in legal matters.

Stereotyping Consequences

Negative outcomes stemming from preconceived notions based on race or background in law enforcement.

Victim Assistance Programs

Services aimed at helping victims recover from the aftermath of a crime.

Transparency in Legal Process

Openness of the legal system, allowing public scrutiny of procedures.

Legal Precedent Importance

Previous court rulings that inform future case judgments.

Penal Code Function

A systematic collection of laws relating to crimes and penalties.

Law Enforcement Procedures

Protocols followed by police during investigations and arrests.

Controlled Substance Violations

Criminal offences related to the illegal possession or distribution of drugs.

Judicial Review

The power of courts to evaluate the legality of legislation or government action.

Compliance with Legal Standards

The necessity for law enforcement actions to adhere to established legal frameworks.

Prosecutorial Discretion

The power of prosecutors to decide whether to bring charges in a case.

Civil vs. Criminal Law Distinction

The difference between legal actions for personal grievances versus those prosecuting crimes.

Judicial Independence

The principle that the judiciary operates free of influence from the other branches of government.

Bail Considerations

Factors a judge considers when deciding whether to grant pre-trial release to a suspect.

Crime Prevention Strategies

Approaches aimed at reducing crime occurrences through various social programs.

Restorative Justice Practices

Methods focused on repairing the harm caused by criminal behavior through reconciliation.

Penal Consequences

The punitive measures imposed as a result of criminal convictions.

Prosecution Burden of Proof

The duty of the Crown to prove a defendant's guilt beyond a reasonable doubt.

Victimology Studies

An academic field focused on the study of victims and their interactions with the legal system.

Police Training Standards

Regulations governing the instruction and ongoing education of law enforcement personnel.

Criminal Liability Scope

The extent to which individuals can be held legally responsible for criminal acts.

Sentencing Guidelines

Recommendations for the punishments applicable to various crimes.

Addressing Social Issues

Governmental measures aimed at tackling root causes of crime based on sociological research.

Public Litigation Fund

Financial resources available to assist individuals in legal actions.

Legal Aid Availability

Resources providing assistance to those unable to afford legal representation.

Criminal Justice Reform Initiatives

Efforts to amend and improve procedures in the criminal justice system.

Judiciary's Role in Society

The function of courts in maintaining law and order, resolving disputes, and rendering justice.

Victim Compensation Schemes

Programs providing financial support to victims of crime.